Cruz v. State

DAVIS, Judge.

Ismael Cruz challenges his sentence for three counts of attempted manslaughter, arguing that the offenses were improperly ranked on his guidelines scoresheet. We agree and reverse.

Cruz was convicted of three counts of attempted manslaughter with a firearm and was originally sentenced using a 1995 guidelines scoresheet. The trial court granted Cruz’s subsequent 3.800(a) motion to correct the illegal sentence because Cruz’s offense occurred within the Heggs window.1

At resentencing, the State submitted a 1994 scoresheet that mirrored Cruz’s original 1995 scoresheet in that all three…